KISS !

[broncovet]

I have seen a pattern in the 10 plus years I have been on hadit.  Many times, the condition the Veteran thought would be a "no brainer" SC is denied, while the condition he felt he had little or no chance of being SC winds up being the winner, winner chicken dinner.    Even for myself, I noticed that almost every time, I was suprised by "at least something" in every VA decision.  In other words, the decision maker saw it differently than I did, sometimes more favorable, and sometimes less favorable.  I have been through about a dozen VA decisions, about 6 BVA decisions, and 3 trips to the CAVC.  So, out of 19 decisions "not one" went completely the way I could predict, in every aspect.  A couple were more favorable than I predicted, but most were less favorable.  Some were both:  They denied stuff I thought should have been awarded, while they suprised me by granting stuff that I did not anticipate.  

I dont recommend you try to impress VA with your knowledge of presumptive, aggravation, M21, 38 CFR, CAVC, and/or medical knowledge.  Just apply.  

Example:  Dont apply for a right medial lateral miniscal tear of the femoral artery.  Doctors could well differ on that diagnosis, and you may be wasting time, having to apply again becaue you were diagnosied with the lateral miniscal tear of the Veinous minusca.  

Instead:  Apply for knee problems to include aggravation, primary secondary, etc. on both knees, especially the left.  

Its okay to know this stuff, but you dont have to "lay down" your cards to VA while the dealer is still dealing.  Wait until all the betting is over, and you have been awarded benefits or denied.  

Now, if you are appealing, its ok to "propose your own entitlement hypothesis" as well as your own diagnosis theory.  But, since you are neither a lawyer  nor a medical professional, then your opinion does not matter anyway.  If you are a medical professional, its ESPECIALLY important "not" to try to show off your medical knowledge.  

Why?  

Did you know that nurses and doctors make some of the worst patients?  The treating physicians and treating nurses often have opinions different than yours, and its rarely a good idea to get into a debate with them as far as vA benefits are concerned.  

Its okay to tell your doc you "question" his diagnosis or treatement, as well as the nurse, but mostly, if you dont trust your doctor or nurse, then get a different doc or nurse.  

Many times, "less is more".  Have you ever "spouted off" and wished you could "reel those words back into your mouth"?  Well I have.  Its even worse with VA.  Once you send them a letter with your opinion, they can use that opinion against you forever.  So, its often best not to mention your opinions, but rather let VA figure it out.  

Example:  Lets say you think you have an "entitlement theory" that suggests you should get tdiu.  However, VA looks in your file and can not find any doctors who opine that your "unable to maintain SGE" due to sc conditions.  However, the decision maker decides, instead, you meet the criteria for 100 percent PTSD.  You are done!  Most of the time you dont need to worry about it.  

Edited January 11, 2020 by broncovet

[Dustoff1970]

You can go to the National Veterans Services Legal Program (NVLSP) website and find all the info needed to order the manual in heavy book form or on DVD.  You can also go to the LexisNexis publisher website and order the manual.  The manual cost between 250.00 to 350.00 and about same price for DVD I believe but not sure.

They also sell optional combination of the Veterans Benefits Manual with another thick book manual containing all the up to date VA 38 CFRs and 38 U.S.C. for more money of course.  However your can easily find the up to date VA 38 CFRs and 38 U.S.C. online with google search of VA and E Government websites so I would save my money.

Everything in book form can be purchased optionally on DVDs.  My last and old manual of 2006 is still useful to me in many instances and well worth a lifetime of VA claims and appeals advice.  They literally have everything you need and easy to read in this manual.  The NVLSP played a major role in getting Agent Orange Benefits for Vietnam vets along with the Vietnam veterans of America. Good luck.

[Buck52]

Vetquest

Not sure where Dustoff1 got his.

but you can get one here.  the 2019-200 edition is about 213.00 $$  I believe they have 2 e-books. select a format.

but you might try to find a good used one ! 

some times Ms Berta gets a new one   if she still needs too?) but she may sell you her old manual  or broncovet or Alex may have a used one they might sell ya....but with this new AMA you may want to go ahead and get the new manual.

https://store.lexisnexis.com/products/veterans-benefits-manual-skuusSku12734

The 2019-2020 Edition of the Veterans Benefits Manual has been thoroughly updated with the important developments in veterans law over the past year. Highlights of these updates include advocacy essentials such as:

A detailed description and analysis of the Veterans Appeals Modernization and Improvement Act (the AMA) and extensive advocacy advice on how to effectively navigate the new system created by the AMA;  

An easy to understand chart summarizing the important changes made by the AMA to the VA claims and appeals system;

Foolproof guidance on how to tell whether a pending VA claim is subject to the new modernized system or the legacy system;

A discussion of the important documents an advocate will encounter under the modernized system;

How to avoid the hidden traps set by the VA in the modernized system on claims for an increased disability rating;

The pros and cons of each of the three options a claimant has after a denial of a claim by a VA regional office after February 18, 2019;

How to use the fact that VA’s duty to assist does not apply at the BVA level to your advantage;

A new section explaining the important October 2018 changes to the VA rules governing pension claims, including the look-back and penalty period for transferring assets and calculating net worth;

Expanded advice on how to take advantage of the Federal Circuit ruling involving undiagnosed conditions that manifest as pain and other symptoms;

A new section on  proving entitlement to prospective and retroactive disability benefits for Vietnam Veterans who served in the waters off the coast of Vietnam;

A new section focused on service connection for diseases associated with exposure to asbestos;

An expanded discussion of service connection for diseases resulting from exposure to burn pits in Iraq and Afghanistan;

Updated information on discharge upgrade applications involving PTSD and other mental health conditions, TBI, and military sexual trauma;

An explanation of changes to the rules about when an attorney may obtain fees for representing a claimant before the VA;

A detailed discussion of and advice regarding developments in the law related to Gulf War Illness; and

A discussion of significant new case law related to claims for total disability ratings based on individual unemployability.

Edited January 12, 2020 by Buck52

[Buck52]

Every Veteran  that advocates for Veterans Claims ,needs one of these Mauuals 

There a little bit pricey but has  great information and you will be glad you got ya one.

[vetquest]

Thanks guys.

[Vync]

6 hours ago, broncovet said:

I have heard VA employees "get irritated" with Veterans who try to impress with their knowledge.  "I want to apply for it "secondary".  Just apply.  Let the decision maker decide..dont file for "secondary" as the condition may be "presumptive" and you didnt ask for "presumptive"!  Be careful what you ask for...you may get it.!!

I know being nice is usually the best policy. However, I am not concerned if the VA employees get irritated. It's not like it was when I filed my first claims 25 years ago. They can now hold bad employees accountable. Even the WH Hotline has yielded results for me, which is a huge plus.